JUDGMENT :

1. By preferring this appeal, appellants who are the original claimants are seeking enhancement of compensation which is granted by the Motor Accident Claims Tribunal, Wardha in Motor Accident Claim Petition No.117/2006, on 6.3.2008.

2. Brief facts, which are necessary to decide the appeal are as follows :

On 4.6.2006 deceased Sk. Yusuf along with Sk. Abdul and Rajesh were proceeding on scooter bearing No.MH-31-T-4846. At the relevant time offending vehicle tipper bearing No. MTG-7248 which was driven by its driver in a rash and negligent manner in high and excessive speed dashed against the scooter. Due to severe dash, Sk. Yusuf and Sk. Abdul sustained injuries and succumbed to the death on the spot. As per the contention of the claimants the said incident took place due to rash and negligent driving of the tipper driver, therefore, offence was registered against the tipper driver vide CR No.39/2006, dated 4.6.2006 under Sections 279, 337, 304-A read with Section 184 of the Motor Vehicles Act. As the accident took place due to the rash and negligent driving of the tipper driver, claimed the compensation.

3. It is further contention of the claimants that the offending vehicl